The Indigenous People of Biafra (IPOB) has claimed that the Federal Government’s cross-appeal in the case involving its detained leader, Nnamdi Kanu, has weakened the legal foundation of his conviction and raised fundamental questions about the jurisdiction of the trial court.
In a statement issued on Sunday by its spokesperson, Emma Powerful, the separatist group argued that issues emerging from the appeal process could have far-reaching implications not only for Kanu’s case but also for the credibility of Nigeria’s criminal justice system.
IPOB alleged that the Federal Government, through its cross-appeal, had effectively acknowledged that the trial court lacked jurisdiction at certain stages of the proceedings, particularly in relation to sentencing, a development it said undermines the validity of the conviction.
The group maintained that jurisdiction is a fundamental requirement in criminal proceedings and cannot be separated into different phases of a trial.
“Jurisdiction is not divisible. Jurisdiction is not a buffet. Jurisdiction is a continuum,” the statement read.
According to IPOB, if a court is found to have acted without jurisdiction at the sentencing stage, the conviction cannot stand, as both elements are legally inseparable.
The group further argued that the Court of Appeal would be required to determine whether the conviction remains valid in light of what it described as the Federal Government’s position on jurisdictional issues.
IPOB also alleged that the trial was marred by procedural irregularities, including reliance on repealed laws, denial of fair hearing, failure to disclose applicable statutes, and withholding of evidence.
It claimed that these alleged defects collectively rendered the conviction legally unsustainable.
“It would have to explain how a conviction can stand when the trial judge himself acknowledged that without a written law there can be no conviction,” the statement added.
The group warned that the outcome of the appeal could have wider implications for future criminal prosecutions, particularly on issues relating to jurisdiction, fair hearing, and constitutional safeguards.
It called on the international community, legal practitioners, diplomats, and human rights organisations to closely monitor the proceedings, insisting that the case represents a major test of adherence to due process and established legal principles.
Kanu is facing terrorism-related charges filed by the Federal Government in connection with activities linked to IPOB.
The case remains one of Nigeria’s most closely followed legal battles, attracting significant local and international attention.
In October 2022, the Court of Appeal discharged Kanu after ruling that his extraordinary rendition from Kenya to Nigeria violated both domestic and international law.
However, the Federal Government appealed the decision, and the Supreme Court subsequently set aside the discharge order, directing that the trial should continue on its merits.
Following the continuation of proceedings, Kanu was later convicted and sentenced, and is currently being held at the Sokoto Correctional Centre, where he is serving his sentence.
